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UNITED STATES v. SMITH

No. 76-1054.

533 F.2d 1077 (1976)

UNITED STATES of America, Appellee, v. Lee Vernon SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

William L. Kutmus, Des Moines, Iowa, for appellant.

Allen L. Donielson, U. S. Atty., and William D. Scherle, Asst. U. S. Atty., Des Moines, Iowa, for appellee; J. R. Rosenbaum and P. A. Zoss, Asst. U. S. Attys., Des Moines, Iowa, filed appearance.

Before GIBSON, Chief Judge, ROSS and HENLEY, Circuit Judges.

PER CURIAM.

The defendant, Lee Vernon Smith, appeals from his jury conviction for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1970) and 18 U.S.C. § 2 (1970). The sole issue raised on appeal is whether the District Court1 erred in permitting the defendant's former wife, Geraldine Smith,2 to testify against the defendant over his objection. This is the defendant...

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